Who is H. Laddie Schnaiberg?

H. Laddie Schnaiberg is an Ontario lawyer with 3 court cases on record from 1982 to 1985.

What courts has H. Laddie Schnaiberg appeared in?

H. Laddie Schnaiberg has appeared in Supreme Court of Canada.

How many cases has H. Laddie Schnaiberg handled?

H. Laddie Schnaiberg has 3 cases on record from 1982 to 1985.

What judges has H. Laddie Schnaiberg appeared before?

H. Laddie Schnaiberg has most frequently appeared before Justice Lamer, Justice Beetz, Justice Chouinard.

H. Laddie Schnaiberg

3 total

Miriam Home v. C.U.P.E., [1985] 1 S.C.R. 137

The appellant employer appealed a decision authorizing a writ of evocation against an arbitral award.

The arbitrator had dismissed a union grievance regarding educators' acquired rights to free meals, finding that a specific clause about meals excluded the general acquired rights clause.

The Supreme Court of Canada dismissed the appeal, agreeing with the lower courts that the arbitrator's interpretation was manifestly unreasonable and could not be supported by the language of the collective agreement.

SCCMar 14, 1985

Applicant Counsel

Bibeault v. McCaffrey, 1984 SCC 133

Three appeals were brought by labour commissioners, the Labour Court, and an employee association against judgments authorizing writs of evocation.

The writs were sought by employees who were denied the right to be present and heard during a labour commissioner's investigation into the definition of a bargaining unit.

The Supreme Court of Canada allowed the appeals, holding that under section 32 of the Labour Code, employees are not 'interested parties' regarding the description of the bargaining unit and therefore do not have the right to be present or heard at that stage of the investigation.

The Court also confirmed that the commissioners and the Labour Court had standing to appeal in order to defend their jurisdiction.

SCCApr 2, 1984

Respondent Counsel

Roberval Express Limitée v. Transport Drivers, Warehousemen and General Workers Union, Local 106 et al., 1982 SCC 34

The appellant employer sought evocation of a labour arbitration award that substituted a suspension for an employee's dismissal under a collective agreement governed by the Canada Labour Code.

The central issue was whether the arbitrator was a statutory tribunal within art. 846 C.C.P. and therefore subject to the Superior Court's superintending jurisdiction.

The Court held that, because the Code conferred broad statutory powers and duties on the arbitrator, the tribunal was statutory notwithstanding the parties' ability to choose arbitration as a dispute-resolution method.

The allegations that the arbitrator refused to hear admissible and relevant evidence had to be taken as true at the authorization stage and disclosed an excess or refusal of jurisdiction.

The appeal was allowed and issuance of a writ of evocation was authorized.

SCCDec 21, 1982